[8:03 PM, 12/24/2018] HR Elumalai IR: Dear professional is there any options for getting PF AMOUNT without producing the legalheir certificate in epf office. I have one case that one of PF member dead by suicide in 2014. But his claim THER family members needs legalheir certificate but in family members itself there are problems between wife of member and parents of member. Member of parents got legalheir from municipality office but without of members wife name and his son name. Member wife went to municipality office and seeks legalheir for herself with their name but in office refused her request. But come seeking help from management side to get amount for his studies.
Any way we wo
[8:05 PM, 12/24/2018] HR Elumalai IR: Kindly give some your valuable thoughts and experience and ideas towards it sir. Thank you
[8:05 PM, 12/24/2018] HR. Rajan Babu: check your nomination form
[8:05 PM, 12/24/2018] HR. Rajan Babu: for both PF and Gratutity
[8:07 PM, 12/24/2018] HR Elumalai IR: In nominations for he mentioned only parents name after the marriage there is no changes sir.
[8:16 PM, 12/24/2018] HR Balamurugan Spel: If the contribution is negligible, either one of them forego. But if it's lumsum, based on the nomination form alone PF Officials would decide. If the girl's side needs to contest, the marriage Regn certificate and all needs to be produced which will further drag the case.
[8:27 PM, 12/24/2018] HR Elumalai IR: OK OK sir thank you much.
[8:29 PM, 12/24/2018] HR. Rajan Babu: Yes ji. Would suggest all members to look into the nomination forms for updation in all Statutory part to avoid this issue. We normally tend to forget or advice members. Just a thought
[11:22 PM, 12/24/2018] HR Dhansekar Dae Seung: Once the marriage is solemnised, the marriage invitation is enough for claiming the p.f due. He is eligible for death benefits under edli schedule and funeral expense as well. Ask her to submit claim form along with invitation to the employer and you forward the claim to p.f office.
[9:24 AM, 12/25/2018] HR Murugavel Hyundai Steel: Nominee is different from legal heir. When the deceased is a married person, s per EPF/Eps the widow/widower ,the dependent children and the dependent parents becomes the legal heir. The legitimate right of first legal heir cannot be curtailed by nomination.
[9:52 AM, 12/25/2018]HR Dhansekar Dae Seung: By virtue of congugal right, the nomination is being supersceeded, also the nomination date and the marriage date should be taken into account. The nomination not changed is only administrative flaw. Which cannot be taken for legality
[10:05 AM, 12/25/2018] HR Sivaraj SMR: I hv experienced in a case that PF will consider only legal heir which recently obtained. They will consider for the % of settlement for more than 1 nominee in the nomination form mentioned by employee. If the employee not mentioned the nominee and % of settlement then PF will go by first legal heir on 100% PF settlement. Legal heir would have the spouse name first and then parents or family members. obtaining legal heir in fraudulent manner is not that easy now a days. seniors may give their points.
[7:20 PM, 12/25/2018] HR Jaganathan L&T:
Pl be noted that rival claim can not be there.
What does deceased member nomination form2 says if member had change his nomination on and after his marriage that stands good. Evenvin either case wife ,spouse is class. 1 legal heir iirespective of declarstion.pl ensure whether any bigomay is in picture. Note that any legal heir certificate is subjected to. Court jurisdiction and verdict. However there can not be two legal heir certificate. You verify his persinsl record. Wheather the claimant wife is legally. wedded person..it. is better to ask individual to bring affidavit duly signed by notary
We will come to know the reality at the initial stage
[10:08 PM, 12/26/2018] HR Natwar HMIL:
Legal Hier certificate shall be required by PF authorities to validate the nomination mentioned in the form!
Please be aware that nomination form filled before marriage stands nullified immediately after marriage and requires fresh nominations form to be filled!
I would advice not to process the payment and advice family to settle the dispute.
As per Hindu Succesion Act, Deceased employee wife and mother are primary party and father is secondary.
Please refer act as per employee religion and move ahead accordingly!
Addtional Information on Claim Procedure
EMPLOYEES’ PROVIDENT FUND SCHEME 1952
Claim for the withdrawal of Provident Fund Accumulation of minor/lunatic/deceased members.
WHO CAN APPLY:
1. If the member is a minor, by his guardian
2. On the death of the member:
a) If a valid nomination subsists: by the nominee(s) of the deceased member if the nominee(s) is are minor(s) guardian of the minor(s)
b) If no nomination subsists: by the ‘family’ member(s) of the deceased member duly supported by a list of surviving family members (as on the date of death of the member) furnished by the last employer or mamlatdar/Tehsildar or executive magistrate indicating complete particulars such as name, relationship with the deceased member, age, marital status in the case of parents, whether dependent or not.
If any family member is a minor, by the guardian of the minor
If both (a) and (b) above are not applicable: by legal heir(s) of the deceased member duly supported by a legal heir ship certificate.
1. Claimants who mention their mobile number on the form will get SMS alerts on different stages of the approval of their claim form.
The claimants can also visit the epfindia.gov.in website to view the status of their claims through the link, Know Your Claim Status.
2. All Columns should be filled in clearly in BLOCK LETTERS and there should be no over writing.
3. Member’s Account Number: The account number should have the Region Code (two alphabets), Office Code (three alphabets) code number (maximum 7 digits), extension (sub code, if any, maximum three characters) and account number (maximum 7 digits).
The region codes have changed after creation of the multiple regions in some states, namely Maharashtra, Tamil Nadu, Karnataka, West Bengal, Punjab, Gujarat, Andhra Pradesh, Uttar Pradesh, Haryana and Delhi. For getting the correct Region and Office Codes, please visit Establishment Search facility provided under link for Employees through the epfindia website [epfindia.gov.in].
4. Payment is made by directly crediting the Bank Account mentioned by the claimant. In case the bank account is in a computerised branch, payment may be made faster through electronic mode (NEFT etc). The claimant should attach a copy of blank/cancelled cheque ensuring that the IFS Code and Account numbers are clearly visible.
Payment can be made through Money Order only if the total amount is less than 2000/-. The claimant should mention his/her POSTAL ADDRESS correctly with PIN Code so as to receive the money and any communication related to the claim.
Attestation of claim application
The application should be submitted through the employer under whom the member was last employed. In case the claim is through a form downloaded from the epfindia website, all pages should be signed by the claimant as well as the employer.
In case of a closed establishment whose Authorised Signatory/Employer is not available, the claimant may forward the claims duly signed in the presence of any of the following authorized official and got attested over his official seal.
Magistrate/ Gazetted Officer/Post or Sub-Post Master/President of Village Union/ President of the Village Panchayat where there is no Union Board/Chairman or Secretary or Member of the Municipal or District Local Board/Member of Parliament/Legislative Assembly/Member of Central Board of Trustees/Regional Committee of Employees’ Provident Fund/Manager of the Bank in which the Saving Bank Account is maintained/Head of any recognized educational Institution
DOCUMENTS TO BE ATTACHED:
(a) Death certificate, in case the application is by the nominee/surviving family members or their guardian/legal heirs after the death of the member.
(b) Guardianship certificate issued by a competent court of law, if the application is preferred by a guardian other than the natural guardian of minor member/nominee/family member/legal heir.
(c) Copy of blank/cancelled cheque so that the payment may be sent through electronic mode in the claimant’s account.
(d) Form 5(IF) for claiming the benefits under the Employees’ Deposit Linked Insurance Scheme, in case:
(i) The member had died while in service,
(ii) The establishment under which the member was working at the time of death was un-exempted under the EDLI Scheme as on his date of death.
(e) Form 10D for claiming the Pension benefits, in case:
(i) The claimant is a family member (Spouse/child below 25 years age as on date of death of member)
(ii) Nominee for Pension, in case the member had no family and had nominated such nominee for Pension
(iii) Dependent Parents, in case the member had no family at the time of his/her death and had not nominated any one for Pension.
(f) Form 10C for withdrawal Benefit, in case the member had died after 58 years of age and had not completed 10 years of service as on date of crossing 58 years age.
Courtesy: Arghaa Academy of IR- Whatsapp Group/ Epfo